Reply to: Timesheets - pre authorised work clawback

[FatGit]

Why not, surely they need to see some hard in your position ?

[Safe Collections]

I suggest you do not discuss anything further regarding the two days with the agency, it will only muddy the waters. If they bring it up, just say "I don't want to discuss it". Then-follow a normal dunning cycle for each outstanding invoice. (You can charge an admin fee per invoice, so don't bundle the debts together if there's more than one invoice).

• If not paid on the due date, given them another 30 days.
• If not paid by then, issue a dunning letter, stating their account is 30 days overdue, and giving them a further 30 days to pay. Also notify them that the statutory admin fee and interest is now being added to the amount outstanding. So you should state how much they now owe you.
• If not paid by then, issue a dunning letter, stating their account is 60 days overdue, the new amount owing, and the amount outstanding. Give them 7 days to pay.
• If not paid by then issue a final warning. "Your account is now 67 days overdue". State the new amount owing. Explain (in red bold type) if payment is not received within the next 4 days, you will being legal action without further notice.
• If not by paid by then, start legal action - small claim courts or whatever. All the dunning letters so far issued will demonstrate that you have been reasonable and given them plenty of time to pay.

You might, if things get to the final stage, consider issuing a statutory notice to pay. That's a nice threatening notice, which if not contested, can lead to a winding up order.

Don't get emotional about it. Just follow the procedure.

All good advice, we would shorten the timescales as we don't see why you should allow 60 days of unauthorised credit but that's just us.

However, we definitely would not recommend you issue a statutory notice to pay (also called a statutory demand) in this instance.

If the account has a query (as this one appears to) then you run the risk of having your demand contested by the debtor, if that happens your "nice threatening notice" becomes a serious legal headache. The courts take a very dim view of litigants that are seen to abuse the insolvency process and you could well find yourself liable for the other sides costs if the demand is stayed or struck out.

[Contreras]

I suggest you do not discuss anything further regarding the two days with the agency, it will only muddy the waters. If they bring it up, just say "I don't want to discuss it". Then-follow a normal dunning cycle for each outstanding invoice. (You can charge an admin fee per invoice, so don't bundle the debts together if there's more than one invoice).

• If not paid on the due date, given them another 30 days.
• If not paid by then, issue a dunning letter, stating their account is 30 days overdue, and giving them a further 30 days to pay. Also notify them that the statutory admin fee and interest is now being added to the amount outstanding. So you should state how much they now owe you.
• If not paid by then, issue a dunning letter, stating their account is 60 days overdue, the new amount owing, and the amount outstanding. Give them 7 days to pay.
• If not paid by then issue a final warning. "Your account is now 67 days overdue". State the new amount owing. Explain (in red bold type) if payment is not received within the next 4 days, you will being legal action without further notice.
• If not by paid by then, start legal action - small claim courts or whatever. All the dunning letters so far issued will demonstrate that you have been reasonable and given them plenty of time to pay.

You might, if things get to the final stage, consider issuing a statutory notice to pay. That's a nice threatening notice, which if not contested, can lead to a winding up order.

Don't get emotional about it. Just follow the procedure.

Excellent advice. Although I would probably:

- start dunning from the point at which it would normally be paid, i.e. before it is due.
- from 7 days after due date, and weekly thereafter, issue invoice for interest as per the contract
- at some point thereafter hand it to a debt agency, whilst you focus on the next contract

Also concur with the advice not to discuss the 2-days any further.

The agency will capitulate well before it goes legal.

[NotAllThere]

I suggest you do not discuss anything further regarding the two days with the agency, it will only muddy the waters. If they bring it up, just say "I don't want to discuss it". Then-follow a normal dunning cycle for each outstanding invoice. (You can charge an admin fee per invoice, so don't bundle the debts together if there's more than one invoice).

• If not paid on the due date, given them another 30 days.
• If not paid by then, issue a dunning letter, stating their account is 30 days overdue, and giving them a further 30 days to pay. Also notify them that the statutory admin fee and interest is now being added to the amount outstanding. So you should state how much they now owe you.
• If not paid by then, issue a dunning letter, stating their account is 60 days overdue, the new amount owing, and the amount outstanding. Give them 7 days to pay.
• If not paid by then issue a final warning. "Your account is now 67 days overdue". State the new amount owing. Explain (in red bold type) if payment is not received within the next 4 days, you will being legal action without further notice.
• If not by paid by then, start legal action - small claim courts or whatever. All the dunning letters so far issued will demonstrate that you have been reasonable and given them plenty of time to pay.

You might, if things get to the final stage, consider issuing a statutory notice to pay. That's a nice threatening notice, which if not contested, can lead to a winding up order.

Don't get emotional about it. Just follow the procedure.

[Hotlatte]

Thanks for the input chaps - I point blank refuted that i donot have to pay back those 2 days.

Infact I emailed the agency the process of getting time authorised that was used and explained to me when joined. This was to send the email to the manager prior to logging and submitting time on the timesheet system. This means manager could see in an email in advance of authorising the timesheets on the agency's timesheet system. so she should have emails for record.

The agency have come back to me and said that they have not instructed their payroll "Yet" to deduct those two days and raised this with the framework. This is beyond me and why are they still considering that. i think they are just trying to maintain relationship with the cash cow i.e. the client. I dont actually get paid until 16th as in the funds clear on 16th so the dilemma continues...

[NotAllThere]

Both warned.

[SlipTheJab]

More advice? Most people would have shut up by now. Maybe third time lucky? . Are you absolutely sure this isnt bollocks as well?

It's the NLUK and PC double act again

[psychocandy]

More advice? Most people would have shut up by now. Maybe third time lucky? . Are you absolutely sure this isnt bollocks as well?

[northernladuk]

You are right. Didnt read it all.

Disagree about the £100 thing. Stick a small claim in if they wont pay and let them worry about. Works a treat.

I did it once for £300 or so owed. Easy peasy. They can moan all they like. Liklihood is if you show them you're serious they'll just pay.

In my case, they moaned, threatened etc but then didnt turn up at small claims court (I didnt expect them to it was in my hometown). Default judgement plus costs. They paid up shortly afterwards.

More advice? Most people would have shut up by now. Maybe third time lucky? . Are you absolutely sure this isnt bollocks as well?

[psychocandy]

That's gonna work bearing in mind there outstanding invoices. Try reading the thread next time.

You are right. Didnt read it all.

Disagree about the £100 thing. Stick a small claim in if they wont pay and let them worry about. Works a treat.

I did it once for £300 or so owed. Easy peasy. They can moan all they like. Liklihood is if you show them you're serious they'll just pay.

In my case, they moaned, threatened etc but then didnt turn up at small claims court (I didnt expect them to it was in my hometown). Default judgement plus costs. They paid up shortly afterwards.

[northernladuk]

Ah sorry didnt get this. I thought they were withholding 2 days of the last payment. I didnt know it was all done and dusted and paid.

So they expect you to repay two days? Are they insane?

Just tell them to do one and stop speaking to them. Trying it on.

That's gonna work bearing in mind there outstanding invoices. Try reading the thread next time.

[psychocandy]

Here's some adviCe...

If they were authorised then they should be paid.

IANAL

Yes I dont get that. If you've got days authorised it gets paid surely?

So where do these 2 days come from? Whats the connection? Is it just client throwing toys out of the cot and trying to impose a penalty.

Can see what agency is thinking. They're thinking Jeez client doesnt want to pay these two days, I'll just suck up my loss of cut for those 2 days and tell contractor it aint happening. Client happy end of.

I wouldn't even argue with agency just tell them - got signed timesheet pay up. If you've got an issue with client not my problem.

Out of interest - opt out status?

[Safe Collections]

It's going to cost you £100 to get a solicitors letter to them to show you mean business and they will just call your bluff etc etc.

£100???

If its any more than £20 at the most you have been significantly overcharged...

[NibblyPig]

OK thanks I should issue the invoice now- by the way i have just emailed their payroll asking them to confirm the date the payment will clear into my bank so that i have it in writing.

This should be in your contract and in the guidebook for your agency.

[Contreras]

If the agency phone and request you to change them timesheet, just keep asking why. Why should I do that?

The only reason is because as it stands they have to pay and they know it.